Gratuitous Licenses

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    Gratuitous Licenses

    Hello,

    Can anyone please let me know if Gratuitous Licenses are written or documented?

    Also, can Leaseholders hold Gratuitous licenses to land?

    My understanding is if you have a lease, then you can't have a gratuitous license.

    Any help would be appreciated!

    #2
    Oh I hate land law. A bare license is usually verbal and is often simply no more than permission to do something.

    A bare license is as simple as " I happy for you to use the back field for the wedding in the summer".

    A lease can be subject to the license, as long as that does not put the lessee in breach of their lease by doing so.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #3
      You need to let us have a bit more detail about the context here for anyone to be helpful.
      RICHARD WEBSTER

      As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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        #4
        Thanks for the responses. Okay, here is the reason for my query:

        I'm a leaseholder in an estate in London. The estate is 40% leasholders, 60% tenants. The estate is split up into two parts, lets call it A&B for this purpose.

        Block A: Maisonettes. Ground Floor, and 2nd Floor. Ground Floor maisonettes have private front and rear gardens.

        Block B: studios/1 bedroom. Ground floor has communal gardens to the rear, 1st Floor has access to the rear communal gardens.

        I live in Block B. Up until the past year, only residents in Block B had access to the gardens to communal gardens to the rear of Block B. I have legal entitlement to this area in my lease, and can show legal entitlement for 3 leasehold flats in Block B on 1st Floor.

        My estate decided to erect a two metre wood fence in the rear communal garden of Block B making this a private bbq area. The area takes up 1/3 of the total area of this rear garden. They have stated all residents Block A & B have access to this area. When we ask who decided to erect the wood fence, the estate management (TMO) refuse to respond.

        The Housing Authority have already stated that they can't show evidence that all residents, Block A&B have legal entitlement to this newly created private bbq area.

        The Housing Authority state all residents (Block A&B) have access by way of a gratuitous license. I've asked the Housing Authority to supply me with such documentation stating all residents have access to this private bbq area by way of gratuitous license.

        I was under the assumption that you can either have a lease, or license, but not both. If these gratuitous license exist, then what's the point of leases? I also have no fence, or private bbq area respresented in my lease. No communal areas were fenced off on the estate previously.

        Any advice, help, input would be greatly appreciated.

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